In response to a December 23, 2020, district court order in United Farm Workers, et al. v. DOL, et. al. that enjoined DOL from implementing the DOL final rule on Adverse Effect Wage Rate (AEWR) methodology for non-range H-2As, DOL’s Office of Foreign Labor Certification (OFLC) announced that H-2A job orders filed on or after December 21, 2020, must use the AEWRs in effect on December 20, 2020.
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